DPWH to await court order on uprooted trees
THE Department of Public Works and Highways (DPWH) will wait for the court to decide on how they would compensate for the trees that were uprooted in the road improvement project at the S. Osmeña Road in Cebu City.
In a letter to the DENR , DPWH Regional Director Ador Canlas said they are ready to comply with whatever decision is rendered by the “proper authority.”
“We’re afraid that the directive to produce 7,900 seedlings might preempt the findings and legal proceedings,” Canlas told Montejo.
A case was already filed by the DENR-7 against the S. Osmena road project contractor WT Construction before the Cebu City Prosecutor’s Office last April.
The DENR required the DPWH regional office to produce 7,900 seedlings and plant them in National Greening Program (NGP) sites within the jurisdiction of the DENR 7’s Community Environment and Natural Resources Office (Cenro) Cebu City.
Official copy
This was one of the conditions for the possible lifting of the Cease and Desist Order (CDO) issued by the DENR against the earth-balling permit granted to the DPWH.
The DENR said 100 seedlings must be replaced for each missing tree.
The agency said 79 trees were missing from the center island of the first phase of the S. Osmeña road project.
In his letter Canlas said while a permit to earthball the trees was approved last March 24, they still haven’t received an official copy of the permit and were just informed of the conditions by the CENRO.
The project contractor said earlier that ruptured water pipes in the area have rendered the project area unworkable for two days on March 29 and 30.
Replacement
Based on initial observations by officials, it was about this time that the trees were removed.
“This is not in any way suggesting that this Office would swallow hook line and sinker the statement of the contractor that the trees fell because the areas were flooded as a result of the ruptured pipes,” Canlas said. Sought for comment, the DENR 7 said they will insist that the trees be replaced.
“As a permit holder, we still maintain the replacement of 7,900 trees to compensate for the ‘missing’ trees based on our existing forestry laws and regulations,” DENR 7 spokesperson Eddie Llamedo said.
He said the Cease and Desist Order is still in effect. Llamedo refuted the DWPH-7’s explanation that they didn’t have an official copy of the permit.
“They should have strongly asked its contractor not to proceed with the earth-balling unless possession of a permit is obtained from DENR 7,” Llamedo said.
Llamedo also criticized the DPWH 7 for not giving a “clear answer” as to the whereabouts of the missing trees.
“As a permit holder, they should be responsible and accountable on the conditions of the permit to be strictly followed,” he said.
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